Propositions 132-137 & NN explained and live results

Written by Kaelyn Diep, Abbie Hundley and Aron Garcia (MSU Denver, The Metropolitan Staff)

Proposition NN – State public K-12 education funding

As of 8:50 p.m., Proposition NN is favored to pass with 55.44% of the vote.

Proposition NN aims to additionally fund K-12 education, specifically to help schools manage class sizes, expand career programs, raise teachers’ pay and find solutions to hire more instructors. If passed, the measure would increase the Taxpayer’s Bill of Rights cap (TABOR), allowing Colorado to keep more tax money that would otherwise be refunded. This would eliminate the opportunity for refunds from TABOR indefinitely, removing a restriction on state government spending that has sent money to taxpayers since 1992. Therefore, the state would need to increase funding for education 2% annually for 10 years.

The cap is currently $4.6 billion; if passed, Colorado won’t see a cap of this size for the next decade. Over the next 10 years, the state will spend any other dollars from the TABOR surplus among K-12 and other programs that help children’s learning, like preschool and childcare. The state’s largest education union, Colorado Education Association, is behind this measure and claims that the state is not providing enough funding to meet the needs of public schools. Opponents argue the measure would eventually cost taxpayers billions of dollars and worsen the state’s cost of living crisis.

Proposition 132 – Increased penalties for fentanyl convictions

As of 8:50 p.m., Proposition 132 is favored to pass with 52.99% of the vote.

Proposition 132 will increase the penalties for possession and distribution of fentanyl, making the minimum sentence 8 years for any quantity. This will also eliminate the possibility of reduced penalties for “good Samaritan” exemptions for cases that involve distribution. It  will make possession of any amount of fentanyl a felony unless the amount is less than one gram and the offender completes a drug rehabilitation program. Judges are required to order treatment for everyone charged with possession under a gram. Judges will be prohibited from considering mitigating factors or factors that would support a more lenient sentence.

The proposition is predicted to increase state revenue for the Judicial Department by $23,000 in the first year and $73,000 in the second and future years from the increase in crime classification and criminal fees. The measure will increase state spending to cover extra courts and prison spending by $0.9 million; in the second year, that’s expected to jump to $8.9 million. This is due to the increase of people being incarcerated for longer amounts of time. 

Proposition 133 – Penalties for human trafficking of a minor

As of 8:50 p.m., Proposition 133 is favored to pass with 62.08% of the vote.

Proposition 133 asks voters to change the state law to increase the penalties given for child sex trafficking to a mandatory sentence of life without parole. This is the same punishment for individuals convicted of first-degree murder. Currently, judges can sentence anyone convicted of this crime from eight to 48 years in prison. Proposition 133 would also expand the definition of human trafficking of minors for sexual servitude as it includes trading for a minor. The proposition will also increase spending in prisons since it will require more money from the state’s budget over the next 14 years.

Protect Kids Colorado, a political issue committee, helped get Proposition 133 on the ballot this year as well as propositions 134 and 135, focusing on the rights of transgender children. Colorado’s Catholic bishops support the proposition, as well, as they organized drives to help all three of the ballot measures reach Colorado’s ballot. Organizations like the Colorado Coalition Against Sexual Assault are opposed because they say as a law it could end up imprisoning victims of human trafficking. Victims are often pressured to aid traffickers by posting ads, recruiting other victims and transporting them.

Proposition 134 – Male and female participation in school team sports 

As of 8:50 p.m., Proposition 134 is favored to pass with 52.29% of the vote.

The advocacy group Protect Kids Colorado submitted Proposition 134, which would require all sport teams from elementary schools through college institutions to explicitly designate teams as male-only, female-only, or mixed. The measure doesn’t specify how schools should verify students’ gender which has led opponents to be concerned about adults inspecting the genitals of children suspected of being transgender. Supporters say this measure is meant to protect female students by ensuring that all athletes can compete on equal terms, requiring that their biological sex match the category in which they compete. 

Proposition 135 – Prohibition on performing gender-related surgeries on minors

As of 8:50 p.m., Proposition 135 is favored to pass with 51.75% of the vote.

The measure aims to ban surgery on minors under 18 years old for the purpose of changing their biological sex characteristics. It also prohibits the use of state or federal funds or insurance to pay for these surgeries. Supporters say this measure would ensure that permanent medical interventions are performed only when a person is able to fully understand the risks and benefits of the surgery. Opponents claim this type of medical decision should be left up to doctors and patients, arguing that some individuals who are not transgender could be denied access to care and procedures recommended by doctors.

Proposition 136 – Income tax rate cap

As of 8:50 p.m., Proposition 136 is favored to fail with 52.56% of the vote.

Proposition 136 proposes to limit the state income tax rate for individuals and corporations. Currently, the rate is 4.4%, and this measure would limit the rate to no more than that beginning January 1, 2027. All in all, this proposition does not do anything, according to analysts, as the tax rate cannot go up without voter approval. However, if voters pass Amendment 87, a ballot measure to implement a graduated income tax system, Proposition 136 could prevent a $2 billion increase on those who earn more as well as on highly profitable businesses.

Amendment 87 would establish a graduated state income tax with brackets that would tax you more on the income you make. Therefore, if both measures pass, the 4.4% tax limit would conflict with the higher tax brackets. When voters pass two measures that conflict with each other, the one that received more votes takes priority. This means if Proposition 136 has more support, tax increases from Amendment 87 would be blocked.

Proposition 137 – Tabor exemption for sales tax from sporting goods

As of 8:50 p.m., Proposition 137 is favored to pass with 50.71% of the vote.

Proposition 137 directs the sales tax from sporting goods to conservation, wildfire risk mitigation and outdoor recreation programs. This money would be exempt from the constitutional tax revenue (TABOR) limit, meaning that it can impact the amount of money refunded to taxpayers later. About 47% of this money will go to Great Outdoors Colorado, another 47% into wildfire risk mitigation, forest management and watershed projects; 5% will go to outdoor recreation/equity programs. If this impacts certain state tax credits, the bill will not go into effect. 

According to Colorado’s Blue Book, supporters of the proposition say there are too many competing priorities for budget money, making federal support unreliable. This measure will fund trusted programs and provide necessary investments to improve the environment and outdoor economy. They also say that Colorado outdoor spaces need some extra support under our current conditions of drought and more frequent wildfires.

Arguments against proposition 137 say that this measure is a hidden tax increase, as it can reduce the amount of money in future TABOR refunds, meaning that it is still money that is being taken out of people’s pockets. According to Protect Colorado’s Land, Communities, and Tax Dollars, Proposition 137 would also finance considerably more tree cutting, saying that clearcutting and contractors are being funded through this proposition.